CHENNAI,
FEB. 27.
The Madras High Court today stayed a Government Order prescribing minimum wages for various categories of employees of private schools.

Justice K. Ravirajapandian granted an interim injunction on a writ petition filed by the Society of the Franciscan Sisters of St. Joseph. Admitting the plea, the judge also ordered notice to the Labour and Employment Department.

The department's May 5, 2003, order invoked Section 27 of the Minimum Wages Act and fixed minimum wages for various categories of employees of the petitioner-institutions. Generally, it was made applicable to English medium schools run on commercial lines.

The society, which is running a network of educational institutions, referred to the provisions of the Tamil Nadu Educational Institutions (Prevention of Collection of Capitation Fee) Act of 1992 and said running schools on commercial lines had been banned in the State. "Therefore, the collection of fees by schools is only for an essential requirement of maintenance of the schools concerned, and it will not make them commercial."

It also submitted that laws such as the Industrial Disputes Act, the Payment of Gratuity Act and the Shops and Establishments Act would not apply to teachers of schools as they were neither workmen nor schools an industry. Stating that increasing the salaries of teachers exorbitantly would lead to the collapse of such institutions, the society said the Government itself did not follow any minimum wage norms in institutions run by it.

"A number of teachers working in Government and Corporation schools are even now being paid Rs. 1,500 to Rs. 2,000 by the Parent Teachers Association due to want of sanctioned aided posts. Also, as per a November 12, 2003, GO secondary grade teachers were getting consolidated pay of Rs. 3,000. While B.T. teachers were to be paid Rs. 4,000, post-graduate teachers were eligible for Rs. 4,500. Yet, another GO prescribed only Rs. 2,500 for teachers of Class I and II level."

The society also said, "when the Government itself is not able to implement the Minimum Wages Act, to its employees, it is unfair to blindly apply the provisions to the petitioner-institutions."